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Madras High CourtCRL OP(MD)/7005/2015allowed

P. Suriyaraja v. The Sub Inspector Of Police

2015-04-16Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.O.P(MD)Nos.7005 & 7006 of 2015 1.Crl.O.P(MD)No.7005 of 2015:- 1.P.Suriyaraja 2.R.Thirumanivasagam 3.S.Murugan Ayyappan 4.Arunkumar 5.Ashok Kumar 6.M.Ashok 7.T.Samidurai

...Petitioners

Vs.

1.State rep. By The Inspector of Police, Sayarpuram Police Station, Thoothukudi District.

(Crime No.44 of 2015) 2.G.Manikandan

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1908 praying to call for records and quash all the further proceedings in Crime No.44 of 2015 on the file of the first respondent.

For Petitioner : Mr.A.Chandra Kumar For R - 1 : Mrs.S.Prabha Government Advocate (Crl. Side) For R - 2 : Mr.S.M.Mohan Gandhi 2.Crl.O.P(MD)No.7006 of 2015:- 1.G.Manikandan 2.G.Jegadees 3.S.Duraisamy 4.P.Kali @ Kalimuthukumar 5.Saravanakumar 6.Kavi Kannadasan

...Petitioners/Accused 1 to 5

Vs.

1.State rep. By The Inspector of Police, Sayarpuram Police Station, Thoothukudi District.

(Crime No.43 of 2015) 2.P.Suryaraja

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1908 praying to call for records and quash all the further proceedings in Crime No.43 of 2015 on the file of the first respondent.

For Petitioner : Mr.S.M.Mohan Gandhi For R - 1 : Mrs.S.Prabha Government Advocate (Crl. Side) For R - 2 : Mr.A.Chandra Kumar

ORDER

These Criminal Original Petitions have been filed to call for records and quash all the further proceedings in Crime Nos.43 and 44 of 2015 on the file of the first respondent.

2. As both the cases are case and counter, they have taken up together and disposed of by a common order.

3. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel appearing for the second respondent in both the petitions.

4. The petitioners in Crl.O.P(MD)No.7005 of 2015 are arrayed as accused in Crime No.44 of 2015 for the alleged offences under Sections 147, 341, 294(b), 323 and 506(ii) of the Indian Penal Code and the petitioners in Crl.O.P(MD)No.7006 of 2015 are arrayed as accused in Crime No.43 of 2015 for the alleged offences under Sections 147, 148, 323, 324, 379(NP) of the Indian Penal Code and also under Section SC/ST of Prevention of Atrocities Act, 1989 seeking to quash the said proceedings, the present petitions have been filed.

4. When the matters are taken up for hearing, a joint memo of compromise have been filed in both cases by both parties and it is also signed by both the parties and counsels, in which, it is stated that there is no necessary to proceed further in future and the respective parties are not pressing the complaint given by them against each other. The petitioners as well as the second respondent are also present before this Court. The said joint memo of compromise are taken on record.

5. In view of the said compromise memo, this Court is of the view that no useful purpose will be served by proceedings further in these matters.

6. Accordingly, these Criminal Original Petitions are allowed and the proceedings in Crime Nos.43 and 44 of 2015 on the file of the first respondent is quashed.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar Encl: Memo of Compromise.

To 1.The Inspector of Police, Sayarpuram Police Station, Thoothukudi District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.A.Chandrakumar, Advocate in SR.19100 +1CC to M/s.S.M.Mohan Gandhi, Advocate in SR.19101 CRL.O.P(MD)Nos.7005 & 7006 of 2015 16.04.2015 ps PBK 06/05/2015 ::3P-5C: